Legal Question in Family Law in New Jersey
Established court ordered custody arrangement
I was divorced in 2000, and a custody arrangement was established. My ex has a very young boyfriend that resides in her home and we are supposed to alternate holidays. Her work schedule is very erratic, and she does not call or inform me as if she is going to be at work or available. I feel very uncomfortable with driving the kids to their mother's home and dropping them off to the boyfriend not knowing whether or not she's going to be there. On all holidays, the children are available for her to pick up, but she neither calls or shows up. I make very clear which holidays I want the kids. Isn't it up to her to inform me which holidays she wants, well in advance?
1 Answer from Attorneys
Re: Established court ordered custody arrangement
Your question is really several questions. The first (implied) question is whether you are required to drop the kids off with the boyfriend if the mother is not there. As in most things, the answer is "it depends." It depends on a variety of factors such as the children's ages, sex, maturity and who and what the boyfriend is. Generally, courts like the receiving parent to be there, but that is not always required. The second question deals with who has the transportation duties. That should be spelled out in the custody arrangement. If it is not then custom (what has gone on in the past) generally controls. The third question implies that the custody arrangement does not spell out who gets which holidays and that at some point in the year the parents should notify each other of what holidays they want and when. It sounds as if you do and she doesn't. You can try and work out a fixed schedule with her so the question doesn't come up every year. If she doesn't want to cooperate then the alternative is to go to court via a motion to have the schedule set in accordance with your wishes. Good luck!